Westchester lawmakers approve undocumented-immigrant bill

Lawmakers and activists speak about the Immigrant Protection Act in front of the legislative chambers in White Plains March 12, 2018.
Carucha L. Meuse /lohud.com

“If Washington wants to enforce their immigration craziness, let them use their own employees." -Legislator Mary Jane Shimsky

Local lawmakers and activists attend a rally for the Immigrant Protection Act at the legislative chambers in White Plains March 12, 2018. County lawmakers will vote Monday on a bill that would give protections to undocumented immigrants in Westchester.(Photo: Carucha L. Meuse/The Journal New)

WHITE PLAINS - Westchester County lawmakers approved a bill on Monday they say will protect undocumented immigrants, but are stopping short of calling it a sanctuary law.

The Immigrant Protection Act, which passed in an 11-3 vote, limits information the county will share with federal immigration authorities and bars county employees from asking about a person's citizenship in most circumstances.

“If Washington wants to enforce their immigration craziness, let them use their own employees," Legislator Mary Jane Shimsky, a Hastings-on-Hudson Democrat, said at a news conference before the vote. "Our employees need to enforce our local laws and keep our residents safe and that’s what this bill does."

Board Democrats who sponsored the bill and dozens of immigration activists rallied outside county legislative chambers ahead of the vote.

Advocates held signs with slogans including “Immigrants Have Rights Too." They chanted slogans in Spanish and English such as “No more deportations.”

Legislator Virginia Perez, a Yonkers Democrat and immigrant from the Dominican Republic, said the bill sent a message that those who may be in the country illegally could trust local government and law enforcement.

"You don’t have to be afraid to report a crime, you don’t have to be afraid to get pulled over," she said. "Because here we’re not going to work, we’re not going to work with the federal government as far as doing deportation raids."

Critics say the bill could make residents less safe by hobbling law enforcement and potentially letting dangerous criminals slip through the cracks of the county jail.

Legislator Catherine Borgia, an Ossining Democrat and driving force behind the bill, said the bill was pro-public safety and didn't contradict any laws.

"This is a justice-for-all bill," she said. "A lot of the things that are provided in this piece of legislation are just a reaffirmation of the fact that the United States Constitution, and particularly the Bill of Rights, applies to every human soul on U.S. soil."

But Legislator John Testa, the legislature’s Republican minority leader, said the bill's language protected criminals in the county jail system and potentially put innocent people in harm's way.

Legislator Virginia Perez, talks about being a daughter of an immigrant during a rally for the Immigrant Protection Act in front of the legislative chambers in White Plains March 12, 2018. County lawmakers will vote Monday on a bill that would give protections to undocumented immigrants in Westchester.(Photo: Carucha L. Meuse/The Journal New)

"i think it's dangerous for our communities," he said. "We feel this law does the opposite to what it says it does and that's the reason that we have to be against it."

Testa said he'd requested that a Department of Homeland Security representative be called in to testify to legislators during a committee meeting about the bill. No one from DHS was invited to testify and a provision he requested offering an exemption for known gang members was not included in the final language of the bill.

The bill says undocumented immigrants in the jail cannot be interviewed for the sole purpose of immigration-related crimes without a warrant. It also says an immigration detainer or transfer request won’t be honored unless accompanies by a judicial warrant.

Republican David Tubiolo lined up with 10 Democratic legislators to support the bill Two Democrats, Mike Kaplowitz and Lyndon Williams, weren't at Monday's meeting and a 17th legislative seat is empty.

County Executive George Latimer, a Democrat, is expected to sign the bill into law. Latimer, in a statement, said the bill is "about safety - and nothing else."

"This legislation in no way goes against Federal law, and in no way will allow criminals to be harbored," he said. "This legislation goes to the heart of protecting good honest citizens in their home."

There’s some debate if the law will make Westchester a ‘sanctuary’ in the eyes of the federal government, a tag which has become politicized since an increased focus on deportations under President Donald Trump.

Legislator Catherine Borgia, an Ossining Democrat speaks about the Immigrant Protection Act in front of the legislative chambers in White Plains March 12, 2018. County lawmakers will vote Monday on a bill that would give protections to undocumented immigrants in Westchester.(Photo: Carucha L. Meuse/The Journal New)

Tubiolo, the only Republican who supported the act, said although he didn't view it as a sanctuary act that definition comes from the federal government.

Trump signed an executive order last year directing the attorney general that any sanctuary jurisdiction wouldn’t be eligible to receive federal funds. That order didn’t directly define a sanctuary and the constitutionality of withholding federal funds on the basis of the order has faced a substantial legal challenge.

Last week, the Trump administration sued the state of California over its sanctuary laws.

Tubiolo had voted against last year's bill and the override. He was targeted by some activists at a protest rally for opposing the vote, but said the change in his vote came from assurances from county attorneys and law enforcement that the bill complied with federal laws and ensured if someone commits a crime he or she will still come to justice.